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Kyle Lee Kemper
Kyle Lee Kemper
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Bar #628069(FL)     License for 21 years
Tallahassee FL

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17-000559RP  SOUTHERN BAPTIST HOSPITAL OF FLORIDA, D/B/A BAPTIST MEDICAL CENTER OF NASSAU, SOUTHERN BAPTIST HOSPITAL OF FLORIDA, D/B/A, BAPTIST MEDICAL CENTER OF THE BEACHES, ET AL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
The issues are whether proposed and existing Florida Administrative Code rules, both numbered 59G-6.030, are valid exercises of delegated legislative authority.Rule and proposed rule incorporating methodology for determining Medicaid outpatient hospital reimbursement rates were not invalid. Petitions denied.
17-000560RP  MIAMI BEACH HEALTHCARE GROUP, LTD., D/B/A AVENTURA HOSPITAL AND MEDICAL CENTER; HCA HEALTH SERVICES OF FLORIDA, INC., D/B/A BLAKE MEDICAL CENTER; GALENCARE, INC., D/B/A BRANDON REGIONAL HOSPITAL; TALLAHASSEE MEDICAL CENTER, INC., ET AL vs AGENCY FOR HEALTH CARE ADMINISTRATION  (2017)
Division of Administrative Hearings, Florida Filed: Jan. 23, 2017
The issues are whether proposed and existing Florida Administrative Code rules, both numbered 59G-6.030, are valid exercises of delegated legislative authority.Rule and proposed rule incorporating methodology for determining Medicaid outpatient hospital reimbursement rates were not invalid. Petitions denied.
17-006655RU  DACCO BEHAVORIAL HEALTH, INC.; OPERATION PAR, INC.; AND ASPIRE PARTNERS, INC. vs DEPARTMENT OF CHILDREN AND FAMILIES  (2017)
Division of Administrative Hearings, Florida Filed: Dec. 11, 2017
The issue in this case is whether Florida Administrative Code Emergency Rule 65DER17-2 (the “Emergency Rule”) constitutes an invalid exercise of delegated legislative authority as defined in section 120.52(8), Florida Statutes. (Unless specifically stated otherwise herein, all references to Florida Statutes will be to the 2017 version.) More specifically, on September 19, 2017, the Florida Department of Children and Families (the “Department”), published the Emergency Rule, which dealt with the need for and licensing of new methadone medication-assisted treatment centers for persons dealing with opioid addiction. Pursuant to the Emergency Rule, the Department decided which providers would receive approval notices to submit licensure applications in certain counties based on the order in which complete and responsive applications were received by the Department. A number of parties are challenging the validity of the Emergency Rule.The Emergency Rule constitutes an invalid exercise of delegated legislative authority.
05-000717GM  ELOISE COMMUNITY REDEVELOPMENT AGENCY, BRUCE BACHMAN AND JOHNNY BROOKS vs POLK COUNTY, FLORIDA  (2005)
Division of Administrative Hearings, Florida Filed: Feb. 28, 2005
The issues in this case are whether the Small Scale Comprehensive Plan Amendment No. 05S-01 (the Plan Amendment) adopted by Polk County (County) through the enactment of Ordinance No. 05-004 is “in compliance,” as that term is defined by Section 163.3184(1)(b), Florida Statutes,1 and whether Petitioner, Citizens for Proper Planning, Inc. (CPPI), has standing as an “affected person” as defined by Section 163.3184(1)(a), Florida Statutes, in this proceeding.Petitioners proved, by a preponderance of the evidence, that the small scale development plan amendment to the Future Land Use Map was inconsistent with the County`s Comprehensive Plan.
05-000787GM  CITIZENS FOR PROPER PLANNING, INC. vs POLK COUNTY, FLORIDA  (2005)
Division of Administrative Hearings, Florida Filed: Mar. 03, 2005
The issues in this case are whether the Small Scale Comprehensive Plan Amendment No. 05S-01 (the Plan Amendment) adopted by Polk County (County) through the enactment of Ordinance No. 05-004 is “in compliance,” as that term is defined by Section 163.3184(1)(b), Florida Statutes,1 and whether Petitioner, Citizens for Proper Planning, Inc. (CPPI), has standing as an “affected person” as defined by Section 163.3184(1)(a), Florida Statutes, in this proceeding.Petitioners proved, by a preponderance of the evidence, that the small scale development plan amendment to the Future Land Use Map was inconsistent with the County`s Comprehensive Plan.

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